Broadband Deployment Law Advisorhttps://www.broadbandlawadvisor.com
Insight and Commentary on the Deployment of Communications InfrastructureMon, 29 Apr 2019 16:39:50 +0000en-UShourly1https://wordpress.org/?v=4.9.10Subscribe with My Yahoo!Subscribe with NewsGatorSubscribe with My AOLSubscribe with BloglinesSubscribe with NetvibesSubscribe with GoogleSubscribe with PageflakesSubscribe with PlusmoSubscribe with The Free DictionarySubscribe with Bitty BrowserSubscribe with Live.comSubscribe with Excite MIXSubscribe with WebwagSubscribe with Podcast ReadySubscribe with WikioSubscribe with Daily RotationOTMR Effective Date and Ninth Circuit Briefing Schedule Announcedhttp://feeds.lexblog.com/~r/BroadbandLawAdvisorBlog/~3/LP4QHhhU-14/
https://www.broadbandlawadvisor.com/2019/04/articles/dwt-advisory/otmr-effective-date-and-ninth-circuit-briefing-schedule-announced/#respondMon, 22 Apr 2019 16:57:38 +0000https://www.broadbandlawadvisor.com/?p=1524Continue Reading]]>On April 19, 2019, the FCC published the Office of Management and Budget’s approval of the one-touch make-ready (OTMR) rules in the Federal Register and set May 20, 2019 as the effective date for these rules.

As previously reported by DWT the joint electric utility challenge to the OTMR rules was transferred to the Ninth Circuit and consolidated with the challenge to the FCC rules prohibiting state and local telecommunications deployment moratoria. Yesterday the Appellate Commissioner in the Ninth Circuit held a case management conference to address (a) the consolidated petitions for review challenging the OTMR portion (Case No. 19-70490) and the moratoria portion (lead Case No. 18-72689) of the FCC’s August 2018 Third Report and Order and Declaratory Ruling; and (b) the consolidated petitions for review concerning the Commission’s September 2018 Infrastructure Order (lead Case No. 19-70123) in the Declaratory Ruling and Third Report and Order. The Appellate Commissioner announced the following briefing schedule for Case Nos. 18-72689 (moratoria) and 19-70123 (infrastructure):

Filing

Deadline

Certified administrative record

May 10, 2019

Petitioner’s opening briefs

June 10, 2019

Petitioner-intervenors’ briefs

June 17, 2019

Respondents’ answering briefs

August 8, 2019

Respondent-intervenors’ briefs

August 15, 2019

Petitioners’ optional reply briefs

September 4, 2019

Petitioner-intervenors’ optional reply briefs

September 6, 2019

The briefing schedule for Case No. 19-70490 (OTMR) is as follows:

Filing

Deadline

Certified administrative record

May 10, 2019

Petitioner’s opening briefs

June 24, 2019

Respondents’ answering briefs

August 22, 2019

Respondent-intervenors’ briefs

August 29, 2019

Petitioners’ optional reply briefs

September 18, 2019

In a separate order, the court will address the pending FCC requests to stay consideration of the Petitions for Review until the FCC has ruled on pending reconsideration requests at the agency. Argument is not scheduled yet but any party may move to expedite argument after the due date for Respondents’ answering briefs.

DWT will continue to monitor this proceeding and issue updates with any noteworthy developments.

Update:On Wednesday, April 24, 2019, the Ninth Circuit denied the FCC’s motion to continue the stay of proceedings in Case No. 18-72689, and, as a result, the briefing schedule remains in effect.

]]>https://www.broadbandlawadvisor.com/2019/04/articles/dwt-advisory/otmr-effective-date-and-ninth-circuit-briefing-schedule-announced/feed/0https://www.broadbandlawadvisor.com/2019/04/articles/dwt-advisory/otmr-effective-date-and-ninth-circuit-briefing-schedule-announced/Ninth Circuit Assigns OTMR Petitionhttp://feeds.lexblog.com/~r/BroadbandLawAdvisorBlog/~3/HlWvv-PqSHA/
https://www.broadbandlawadvisor.com/2019/04/articles/pole-attachments-2/ninth-circuit-assigns-otmr-petition/#respondMon, 01 Apr 2019 14:28:52 +0000https://www.broadbandlawadvisor.com/?p=1522Continue Reading]]>As DWT previously reported, in August, the FCC released its Third Report and Order and Declaratory Ruling (“August Order”) in its wireline and wireless infrastructure dockets (WC Docket No. 17-84 and WT Docket No. 17-79) adopting, among other things, new “One Touch Make-Ready” rules (“OTMR”). In October 2018, American Electric Power Service Corporation and several other utilities jointly filed a petition for review challenging the OTMR portions of the August Order in the United States Court of Appeals for the Eleventh Circuit. Earlier this month, on motion by the FCC, the petition challenging OTMR rules was transferred from the Eleventh to the Ninth Circuit. Recently, the Ninth Circuit consolidated the transferred petition (No. 19-70490) with the petitions that address other parts of the August Order (e.g., state and local moratoria) that were already pending in the Ninth Circuit (No. 18-72689), and assigned them to the same panel that will consider other petitions concerning the FCC’s Declaratory Ruling and Third Report and Order released in September 2018 (Lead case no. 19-70123). A case management conference for these proceedings, which will address scheduling, briefing, related agency proceedings, and other matters, is scheduled for April 18, 2019. The review of all the petitions, orders and rules by that panel (including briefing) is currently deferred while the FCC completes reconsideration. DWT will monitor this proceeding and issue updates with any noteworthy developments.
]]>https://www.broadbandlawadvisor.com/2019/04/articles/pole-attachments-2/ninth-circuit-assigns-otmr-petition/feed/0https://www.broadbandlawadvisor.com/2019/04/articles/pole-attachments-2/ninth-circuit-assigns-otmr-petition/Inside Scoop on California Net Neutrality Policyhttp://feeds.lexblog.com/~r/BroadbandLawAdvisorBlog/~3/HHaF-yLxAGQ/
https://www.broadbandlawadvisor.com/2019/02/articles/state-activities/inside-scoop-on-california-net-neutrality-policy/#respondMon, 25 Feb 2019 19:37:23 +0000https://www.broadbandlawadvisor.com/?p=1519Continue Reading]]>The past year of net neutrality policy in California has been a real roller coaster, from failed bills to passed builds, and from preliminary injunctions to stipulations. The Federal Communications Bar Association will host the key figures involved to discuss the current state of affairs in the California net neutrality policy debate, and where things go from here.